1. Defendant B’s KRW 42,152,537 as well as 5% per annum from March 21, 2019 to July 25, 2019, respectively, to the Plaintiff.

【Judgment on Claim against Defendant B】

1. Basic facts

A. E For F and G land in Gwanak-gu in Seoul Special Metropolitan City on September 29, 1999, H on December 2, 1996, J completed each registration of ownership transfer for K land.

On March 20, 200, they entered into a contract for construction and a contract for delegation with the Plaintiff to newly construct a tenement house on each of the above lands.

The Plaintiff started the construction of a newly built apartment house from April 2001, and on December 31, 2002, the building of the said apartment house (hereinafter “instant building”) obtained approval for use, and E, H, and J completed the registration of initial ownership on May 28, 2004, each of 1/3 shares of the instant building.

B. On June 28, 2002, the Plaintiff, E, H, and J drafted a letter of agreement implementation that L, M, N,O, and P among the instant buildings belong to E, and the remaining 14 households will transfer to the Plaintiff, including H and J’s shares.

C. On May 12, 2003, the Plaintiff filed a lawsuit against E as Seoul Central District Court 2003Gahap34712, and E filed a counterclaim against the Plaintiff for the claim of damages (2004Gahap24736), but the above court rendered a judgment on June 15, 2004 that “E shall pay to the Plaintiff 126,984,703 won (=13,750,000 won for the repair of five household defects - KRW 6,765,297), and its delay damages.”

Accordingly, the Seoul High Court 2004Na48630 (main claim), 2004Na48647 (Counterclaim), but the above court dismissed E’s appeal on February 15, 2005 and the above judgment became final and conclusive around that time.

On the other hand, on March 25, 2002, Defendant B entered into a lease agreement with E to lease L from the instant building with the term of KRW 130,00,000, and the term of two years for lease, and entered into a sale agreement with Defendant B on May 11, 2008 to purchase the said L from the purchase price of KRW 190,00,000 under Defendant B’s father Q Q, and registered the ownership transfer on July 1, 2008.